Use UMUC’s online library database or search the internet to find an employment
ID: 385706 • Letter: U
Question
Use UMUC’s online library database or search the internet to find an employment law case concerning an alleged Title VII violation that was decided within the last 5 yrs. In one or two paragraphs, explain the main components of the case and state applicable federal, state, or local employment law. Then, discuss whether you agree or disagree with the final ruling in the case. In your discussion, be sure to include the implications of the case for both the organization and the employee(s) in question. (250 words and references please)
Explanation / Answer
Parties involved in case: Equal Employment Opportunity Commission and Abercrombie & Fitch Stores, Inc.
Date - June 1 , 2015
Case Summary :
This is a case of Religious Accomodation as a part of employment decision by the employer. Samantha Elauf, a Muslim by religion, applied to a position at Abercrombie & Fitch Stores, Inc. Samantha did well in the interview process and was reviewed as fit and qualified for the position by the interviewer. However, Samantha wore a headscarf when the interview was conducted and Abercrombie & Fitch had a 'Look Policy' which did not allow the staff employees to wear a cap or something else on head at work. The interviewer, an assistant manager, assumed that the headscarf was worn by her regularly for religious reasons and thought that Samantha will follow this practice of wearing headscarf regardless of the policy. This was informed to the seniors and a decision of not hiring Samantha was taken on this ground.
Applicable Federal Law :
Title Vii of the Civil Rights Act of 1964 prohibits an employer from not hiring an applicant just to avoid the accomodation of a religious practice of the applicant that could be done without undue hardship. This case addressed the issue of whether the law only applies if the employer is aware of the religious accomodation of the applicant.
Court's Ruling :
The Court determined that even though Samantha had not informed and requested about an accommodation, Abercrombie & Fitch could still be found to have the liability for religious discrimination if the assumption of the applicant’s need for accommodation was a motivating factor in the decision making of hiring process. This was because Title VII does not impose a requirement of knowledge or awareness and it prohibits the motives in spite of the knowledge. Thus, the Court said that an applicants’ religious practice whether confirmed or not, may not make a factor for an employer in the employment decisions.
Opinion:
I agree with the Court's final ruling. With this kind of ruling, the hiring process would be solely on the basis of merit and qualification and not at the discretion of a manager's decision based on assumptions. This would serve as a fair justice to the applicants and not miss out any opportunity for non-justified reasons. Employers will have to be careful in making decisions of hiring by avoiding any kind of assumptions and instead clarify the doubts with applicant directly and inform them about the policies. This may also impact their policy making process since to hire exceptionally good applicants, they may have to modify the policies to follow the law. Also employers will have to be clear and justifiable with the factors considered for hiring or not hiring.
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